2017-35 Interlocal Agreement for Coordinated School Planning with PBCRESOLUTION 2017 -35
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, APPROVING PARTICIPATION IN AN
INTERLOCAL AGREEMENT WITH THE PALM BEACH COUNTY
SCHOOL DISTRICT AND PALM BEACH COUNTY FOR COORDINATED
SCHOOL PLANNING; PROVIDING FOR CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the School District of Palm Beach County and Palm Beach County have executed an
Interlocal Agreement for Coordinated Planning as required by Section 163.31777, Florida Statutes; and
WHEREAS, Section 1013.33, Florida Statutes, mandates the coordination of planning between
school boards and local governments, including municipalities, to ensure that plans for the
construction and opening of public educational facilities are facilitated and coordinated in time and
place with plans for residential development; and
WHEREAS, the Village Council wishes to participate in the Interlocal Agreement for Coordinated
Planning executed by the School District of Palm Beach County and Palm Beach County; and
WHEREAS, the Village Council determines that such participation is in the best interests of the
Village and its residents.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are hereby ratified as true and incorporated herein.
Section 2. The Village Council hereby approves participation in the Interlocal Agreement for
Coordinated School Planning executed by the School District of Palm Beach County and Palm
Beach County, a copy of which is attached hereto as Exhibit "A," and authorizes the Mayor and
Village Clerk to execute all required documents required for such participation.
Section 3. All resolutions or parts thereof in conflict with this Resolution are hereby repealed
to the extent of such conflict.
Section 4. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED THIS 27 T' DAY OF APRIL, 2017.
(Village Seal)
MAYOR
ATTEST:
VILLAG CLER
EXHIBIT A
PARTICIPATION AGREEMENT
THIS AGREEMENT is dated this day of , 20 , and entered into
by and among the Village of North Palm Beach, a municipal government, hereinafter "New Participant,"
and the various parties executing the Interlocal Agreement between The School District of Palm Beach
County Palm Beach County and Municipalities of Palm Beach County for Coordinated Planning dated
hereinafter "Coordinated Planning Agreement."
WITNESSETH:
WHEREAS, the School District of Palm Beach County, Palm Beach County, and participating
Municipalities in Palm Beach County have entered into the Coordinated Planning Agreement as required
by Section 163.31777, Florida Statutes; and
WHEREAS, the Village of North Palm Beach desires to become a participant under the
Coordinated Planning Agreement; and
WHEREAS, pursuant to Article IX, Section C of the Coordinated Planning Agreement,
participation is authorized upon the execution of this unilateral Participation Agreement.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is agreed and
understood by and among the undersigned New Participant and the participants in the Coordinated
Planning Agreement as follows:
1. Upon execution of this Agreement, New Participant will become a participant in the
Coordinated Planning Agreement.
2. The New Participant shall enjoy all the privileges of, and shall be bound by all the terms and
conditions of, the Coordinated Planning Agreement. The New Participant shall adopt the
required comprehensive plan amendments pursuant to Article III as soon as possible after
execution of this Participation Agreement.
3. The participants in the Coordinated Planning Agreement agree to the inclusion of New
Participant in accordance with Article IX, Section C of the Coordinated Planning Agreement
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as it is acknowledged that the inclusion of an additional participant furthers the intent and
spirit of the Coordinated Planning Agreement.
4. A copy of this Participation Agreement shall be filed with the Clerk of the Court in and for
Palm Beach County.
5. This Participation Agreement shall be effective upon execution and shall continue in full
force and effect unless New Member withdraws pursuant to Article IX, Section B of the
Coordinated Planning Agreement, or the Coordinated Planning Agreement is otherwise
terminated.
IN WITNESS WHEREOF, this Agreement has been executed by the Village of North Palm Beach
as of the date and year indicated below.
IG
Its:
Date
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INTE, RLOCAL AGREEMENT
between
'I'IIE SCHOOL BOARD OF PALM BEACH COUNTY,
PALM BEACH COUNTY,
and
MUNICIPALITIES OF PALM BEACH COUNTY
for
COORDINATED PLANNING
I]
II.
TABLE. OF CONTENT'S
DEFINITIONSIT IONS ........................................ ...... x.........,.............. ........................... ... .............. 3
CAPITAL IMPROVEMENT PLAN ................... ............................ ..............................5
A. School Board's Five -Year Capital. Facilities flan ............ ..............................5
B. Ten- and Twenty -Year Work Plan ........................................ ...............................6
C. Transmittal ............................................................................. ..............................6
1). final Adoption ............ ........... . ....................... ........................ , ... ....... ., .................. 6
E. Material Amendment to the School Board's Five -Year Capital Facilities
Plan............... .............. ................................
.. ............................... 7
111. COMPREHENSIVE PLAN AMENDMENTS.......... x ..............x....... ............,.................8
A. Process for Development and Incorporation of Capital Improvements
Element ............................................... .............................., ..........8
B,. Intergovernmental Coordination Element .......................... ..............................8
C. School District Participation on Local Planning Agencies .............................8
IV, COORDINATED PLANNING .......................... .. .. ........... I ....... I ... .. ............... ..................9
A, The Coordination of Planning and Sharing of Information .............................9
B. Population Projections ............................ ........ .................. ..............................9
C. Local Government Data Collection ................................... .............................10
D. Multiplier Publication .....s ................................................... .............................10
E. Proposals for Development, Redevelopment, School Closures and
Infrastructure Required to Support Public School Facilities ........................11.
F. School Siting and Site Planning..... ..................................... .............................11
C. ,School Capacity Availability Determination......... ............. .............................16
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V. SPECIAL PROVISIONS ................................................................. .............................17
A. School District. Requirements ..« .................................„........ ......,......................17
B. Land Use Authority .................................. ............................... . ..................,....1.8
C. Specific Performance, ................... ...................................... .............................15
VI. MEDIATION OF DISPUTES ....................................................... .............................15
VII. ACTS OF GOD AND OTHER EXIGENT CIRCUMSTANCES BEYOND
THE CONTROL OF THE SCHOOL BOARD .............................. .............................19
VIII.. STANDING AND THIRD PARTY BENEFICIARY RIGHTS ... .............................20
IX. A.MILNDMENT, WITHDRAWAL AND T ERMINATION .......... .............................20
A. Amending time Agreement ..................................................... .............................20
B. Withdrawal from Agreement ............................................... .............................20
C. Additional, Participants ....................................................... ............................... 20
X. TERM OF THE AGREEMENT ................................................ .............................2a
XI. INDEMNIFICATION OF PARTIES ............................................ .............................21
A. Hold Harmless .................................................................... .............................21
B. Third Party Claims ........................................................ .............................21
XII. MULTIPLE ORIGINALS ............................................................. .............................21
XIII. EFIE CTIVE DATE' OF AGREEMENT. .......................... ........................22
A. Effective Immediately ........................................................... .............................22
EXHIBIT A Participation Agreement
EXHIBIT B Form I: Approved Future Land Use Amendments
EXHIBIT C Form 2: Summary of Approved Development Orders
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�tt.-
INTERLOCAL AGREEMENT
between
THE SCHOOL BOARD OF PALM BEACH COUNTY,
PALM BEACH COUNTY,
and
MUNICIPALITIES OF PALM BEACH COUNTY
for
COORDINATED PLANNING
An Interlocal Agreement between PALM BEACH COUNTY (hereafter referred to as the
"COUNTY"), operating through its BOARD OF COUNTY COMMISSIONERS; those
municipalities who have executed this Agreement (hereafter referred to singly as
"MUNICIPALITY" or collectively as "MUNICIPALITIES"); and THE SCHOOL BOARD OF
PALM BEACH COUNTY (hereafter referred to as the "SCHOOL BOARD"), operating
through the SCHOOL DISTRICT OF PALM BEACH COUNTY (hereafter referred to as the
"SCHOOL DISTRICT");
WHEREAS, Section 163.01, Florida Statutes, enables local governments to cooperate
with other local governments and public agencies, including school boards, to provide services and
facilities on a basis of mutual advantage, and to enter into an Interlocal Agreement; and
WHEREAS, the COUNTY, the MUNICIPALITIES and the SCHOOL BOARD have
determined that the safe, convenient, orderly and adequate provision of public school facilities is
essential to the health, safety, and general welfare of the citizens of Palni Beach County; and
WHEREAS, in order to provide adequate public school facilities in a timely manner and at
appropriate locations, the COUNTY, the MTNICIPALITMS and SCHOOL BOARD have further
determined that it is necessary and appropriate for the entities to cooperate with each other to
maintain adequate capacity and to provide capacity for projected new growth; and
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WHEREAS, the Local Government Comprehensive Planning and Land Development
Regulation Act requires the COUNTY and the MUNICIPALITIES to adopt comprehensive plans
to guide and control future development; and
WHEREAS, Article IX, Sections I and 4 of the Florida Constitution require a uniform
system of free public schools on a county-wide basis, and provide that each county shall
constitute a SCHOOL DISTRICT subject to supervision by the State Board of Education as
provided by general law; and
WHEREAS, Section 1013,33, Florida Statutes,, requires the coordination of planning
between school boards and local governments to ensure that the plans for the construction and
opening of public educational facilities are coordinated in time and place with plans for residential
development; and
WBEREAS, Section 1013.33, Florida Statutes, requires the general location of educational
facilities to be consistent with the COUNTY'S and the MUNICIPALITIES' Comprehensive Plans;
and
WHEREAS, Section 1013.33, Florida Statutes, requires the SCHOOL BOARD to
submit plans for public educational facilities to the COUNTY and the MUNICIPALITIES and
requires each local jurisdiction to determine the consistency of the plans with the effective
Comprehensive Plan and applicable land development regulations; and
WHEREAS, Section 163.3177(6)(h), Florida Statutes, requires the COUNTY and the
MUNICIPALITIES to coordinate the adopted local comprehensive plans with each other and the
plans of the SCHOOL BOARD; and
WHEREAS, Sections 163.3177(6)(i)l and 163.3177(6)(11)2, Florida Statutes, require -,in
intergovernmental coordination element showing relationships and stating principles and
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guidelines to be used in. coordinating, the adopted comprehensive plan with the plans of school
boards, regional water supply authorities, and other units of local government providing, services
but not having regulatory authority over the use of land, with the comprehensive plans of adjacent
municipalities, the county, adjacent counties, or the region, with the state comprehensive plan and
with the applicable regional water supply plan approved pursuant to s. 373.709, as the case may
require and as such adopted plans or plans in preparation may exist. This element of the local
comprehensive plan must demonstrate consideration of the particular effects of the local plan, when
adopted, upon the development of adjacent municipalities, the county, adjacent counties, or the
region, or -upon the state comprehensive plan, as the case may require; and
WHEREAS, the intergovernmental coordination element must describe joint processes for
collaborative planning and decision making on population projections and public school siting,
the location and extension of public facilities subject to concurrency, and siting facilities with
countywide significance, including locally unwanted land uses whose nature and identity are
established in all agreement,
NOW, THEREFORE, in order to accomplish these goals and purposes, and in consideration
of the mutual obligations and benefits the COUNTY, the MUNICIPALITIES and the SCHOOL
BOARD (hereafter referred to collectively as "PARTIES") hereby enter into this Agreement.
1. DEFINITIONS
Capacity Projects - New school construction or any project that adds necessary improvements,
to accol-nmodate additional permanent student stations or core facilities needed for the educational
program of each type of school based on the State Requirements for Educational Facilities (SREF).
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Consistency - The condition of not being in conflict with and in ffirtherance of the goals,
objectives and policies of the Comprehensive Plan Elements and this Agreement.
Educational Facilities - The buildings, equipment, structures, and special educational use
areas that are built, installed, or established to serve educational purposes only.
Educational Plant Survey - A systematic study of educational and ancillary plants and the
determination of future needs to provide appropriate educational programs and services for each
student.
First FTE Student Count - A first semester count of all "full time equivalent" students,
The date of the first FTE count is determined by the Florida Department of Education each school
year, pursuant to Chapter 1011.62, Florida Statutes.
Five-Year Work Plan - The School Board of Palm Beach County Five-Year District
Facilities Work Program adopted pursuant to Section 1013.35, Florida Statutes,
Florida Inventory of School Houses, (FISH) - A report of the capacity of existing facilities.
The FISH capacity is the number of students that may be housed in a facility (school) at any given
time based on using a percentage of the number of existing satisfactory student stations and a
designated size for each program. FISH capacity includes modular capacity in Palm Beach County.
Intergovernmental Plan Amendment Review Committee (IPA-RC) - The interlocal
committee, established through the "Comprehensive Plan Amendment Coordinated Review
Interlocal Agreement'' dated October 1, 1993, which coordinates comprehensive plan amendment
review.
Local Governments,- PALM BEACH COUNTY and the participating MUNICIPALITIES.
Permanent Student Station - The floor area in a public school facility required to house a
student in an instructional program.
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Residential Development - Any development that is comprised, in whole or pail, of
dwelling units-for permanent human habitation.
School Board Five-Year Capital Facilities Plan - The SCHOOL BOARD OF PALM
BEAC14 COUNTY Five-Year Work Plan and Capital Budget as authorized by Section 1013,35,
Florida Statutes.
School Board of Palm Beach County Five-Yea• Capital Improvement Schedule - A
Table of expenditures and revenues, sun rnarizing capital and non-capital projects,
Significant Renovation — Renovation or construction on existing school sites, which results
in a greater than 5 percent increase in student capacity (FISH).
H. CAPITAL IMPROVEMENT PLAN
A. SCHOOL BOARD'S Five-Year Capital Facilities Plan
1. On or before September 30th of each year, the SCHOOL BOARD shall
adopt and update the SCHOOL DISTRICT'S Five-Year Capital Facilities Plan for public schools
in PALM BEACH COUNTY.
2. The SCHOOL BOARD'S Five-Year Capital Facilities Plan shall specify
all new construction, remodeling or renovation projects which will add permanent FISH capacity
or modernize existing facilities.
3. The SCHOOL BOARD'S Five-Year Capital Facilities Plan and each
annual update shall include a description of each school project, the amount of money to be spent
in each fiscal year for the planning, preparation, land acquisition, and actual construction and
renovation of each school project which adds FISH capacity or modernizes existing facilities; the
amount of FISH capacity added, if any; and a generalized location map for schools depicted in
the SCHOOL BOARD'S Five-Year Capital Facilities Plan consistent with the SCHOOL
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BOARD'S current Educational Plant Survey and with the Future Land Use Elements of each
MUNICIPALITY'S Comprehensive Plan and the COUNTY'S Comprehensive Plan.
4. The SCHOOL BOARD'S Five-Year Capital Facilities Plan and each
annual update shall identify the projected enrollment, capacity and 'utilization percentage of
all schools of each type for each year of the Plan. The SCHOOL BOARD shall annually update
the Five Year Capital Improvement Schedule when updating the SCHOOL DISTRICT'S Five-
Year Capital Facilities Plan.
5" The SCHOOL BOARD shall initiate the necessary program and/or
boundary adjustments to reflect the now capacity for the schools that are scheduled to be constructed
and opened for each year of the SCHOOL DISTRICT'S Five-Year Capital Facilities Plan.
B. Ten- and Twenty-Vear Work Plan
In addition to the adopted SCHOOL BOARD'S Five-Year Capital Facilities
Plan, the SCHOOL BOARD shall annually adopt a 10-year and a 20-year Work Plan based
upon enrollment projections and facility needs for the 10-year and 20-year periods. Itisrecognized
that the projections in the 10- and 20-year time frames are tentative and should be used only
for general planning purposes,
C. Transmittal
The SCHOOL DISTRICT shall transmit electronically or via posting on its website
the proposed SCHOOL BOARDS Five-Year Capital Facilities Plan along with data and analysis
to the MUNICIPALITIES and COUNTY on or before July 1" of each year commencing after the
effective date of this Agreement.,
D. Final Adoption
Unless it is delayed by mediation or a lawful challenge, the SCHOOL BOARD
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shall adopt the SCHOOL DISTRICT'S Five-Year Capital Facilities Plan and it shall become
effective no later than September 301h of each year.
E. Material Amendment to the School District's Five-Year Capital Facilities Plan
1. The SCHOOL BOARD shall not amend the SCHOOL DISTRICT's
Capital Facilities Plan so as to modify, delay or delete any capacity addition project in the first
three years of the Program unless the SCHOOL BOARD determines by written findings, with the
concurrence of at least five Board members the following:
(a) That the modification, delay or deletion of a project is required in
order to meet the SCHOOL BOARD'S constitutional obligation to provide a county-wide uniform
system of five public schools or other legal obligations imposed by state or federal law, or
(b) That the modification, delay or deletion of a project is occasioned
by unanticipated change in population projections or growth patterns, or is requited in order to
provide needed capacity in a location that has a current greater need than the originally planned
location; or
(c) At the request of one of the parties to this agreement, the project
schedule or scope has been modified to address local government concerns, or non-capacity projects
deferred for financial reasons.
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Ill. COMPREHENSIVE PLAN AMENDMENTS
A. Process for Development and Incorporation of Capital Improvements Element
1. No later than thirty days after the SCHOOL BOARD adopts the Five-Year
Capital Facilities Plan, annual updates, or any material amendment thereto, the SCHOOL
DISTRICT shall post the same onto the SCHOOL DISTRICT website and provide notice to the
COUNTY and MUNICIPALITIES. The COUNTY and MUNICIPALITIES shall in turn
incorporate the same into the Capital Improvements Element of their Comprehensive Plans.
2. The COUNTY and MUNICIPALITIES, by incorporating "The School
District of Palm Beach County Five Year Capital improvement Schedule," annual updates, and
any material amendment thereto in their respective Comprehensive Plans, shall have no obligation
or responsibility for handing the SCHOOL BOARD'S Five-Year Capital Facilities Plan annual
updates, and any material amendment thereto.
B. Intergovernmental Coordination Element
The process for the development, adoption, and amendment of the Intergovernmental
Coordination Element shall be that set forth in Section 1013.33, Florida Statutes.
C. School District Participation on Local Planning Agencies
The Local Planning Agency or the equivalent agency of the COUNTY and each
MUNICIPALITY shall include a member of the SCHOOL DISTRICT, appointed by the SCHOOL
BOARD, to serve as a nonvoting member, The SCHOOL DISTRICT representative may attend
any or all meetings at which the agency will consider, a comprehensive plan amendment which
would, if approved, increase residential density of the property that is the subject of the
application. This subsection does not prevent a Local Govertunent from granting voting member
status to the SCHOOL DISTRICT representative. Participation as a non-voting member may also
.. ......... . ..... ............... ----- ----- ... ... .. . . .......
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be satisfied by the School District representative submitting a letter with comments and
recommendations after review of the proposed amendment.
IV. COORDINATED PLANNING
A. The Coordination of Planning and Sharing of Information
The PARTIES recognize that sound planning for both educational facilities and
student growth emanating from existing development, redevelopment, and new development of
residential property requires adequate and accurate data and information and that effective
coordination of these two plantung functions requires that all of the PARTIES have access to and
utilize the same data and information. Accordingly, the COUNTY, the MUNICIPALITIES, and
the SCHOOL DISTRICT agree to share and coordinate information relating to existing and planned
public school facilities, proposals for development and redevelopment, infrastructure required to
support public school facilities, and population projections, including student population
projections, which are -utilized and relied on by the PARTIES for planning purposes. Where
practicable, the PARTIES shall endeavor to utilize electronic media to share data and information
contemplated in this Section IV by posting such data and information on their respective websites,
participating in electronic message boards, or otherwise utilizing emerging electronic
communications media that may become available during the term of this Agreement.
B. Population Projections
Using the Cohort Survival Forecasting Methodology as the foundation, the
SCHOOL DISTRICT shall annually prepare five-year enrollment projections by school, using the
following data sources as inputs or checks on reasonableness:
1. hiput on future or active residential developments fi-om local municipal and
COUNTY planning departments, developers and their agents;
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2. Input from the Intergovernmental Plan Amendment Review Committee
(IPARC);
3. Birth data by month;
4. 11th day (count day), October and February's Ii student counts;
5. Information. on existing and planned charter schools, including enrollment
estimates and targets;
6. State Department of Education annual Capital Outlay Full Time Equivalent
(COFTE) enrollment projections,
7. Bureau of Economic Sc Business Research (BEBR) annual age-group
population projections;
8, US Census and American Community Survey data.
C. Local Government Data Collection
On April 15"' and October 151" of each year, the Local Governments shall provide
the SCHOOL DISTRICT with the information electronically regarding the Certificates, of
Occupancy issued for new residential units, The April 1P Report shall include Certificates of
Occupancy data fi-om October I" through March 31'" and the October 15t" Report from April I"
through September 30. Local Governments shall also provide electronically data of approved
future land use amendments and approved development orders in accordance with the schedule
provided on the electronic forms contained in Exhibit B and Exhibit C. The actual students
generated from new residential units will be used in the data and analysis for the annual update of
the SCHOOL DISTRICT's Five-Year Capital Facilities Plan.
D. Multiplier Publication
The multipliers adopted by the SCHOOL DISTRICT will be used for the term of
tl� s Agreement to determine the number of elementary, middle and high school students, based on
. .. .. ...... ............
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the number and type of residential units from the proposed development. These multipliers
must be supported by data and analysis based on existing enrollment for each type of residential
unit. Multipliers will be updated based on the recommendation from SCHOOL DISTRICT staff,
E. Proposals for Development, Redevelopment, School Closures and
Infrastructure Required to Support Public School Facilities
1. On or before January 1" of each year, for the SCHOOL DISTRICT's
consideration and utilization in preparing its annual update of the SCHOOL DISTRICT's Five-
Year Capital Facilities Plan the COUNTY and the MUNICIPALITIES shall provide to the
SCHOOL DISTRICT a report setting forth the COUNTY'S and the M-UNICIP,ALITIES'respective
projections for development, and redevelopment, in the forthcoming year. In addition, before
January I't of each year, the COLTNTY and the MUNICIPALITIES shall provide to the SCHOOL
DISTRICT a copy of any amendments to their respective capital improvement elements.
2. The SCHOOL BOARD and the affected Local Government shall jointly
determine the need for off -site improvements necessary to support a new school or proposed
significant renovation of an existing school.
1 Prior to closing or declaring school properties as surplus, the SCHOOL
BOARD shall notify the affected Local Government, Prior to taking final action on a school closure
or declaring a property surplus, the Local Government shall have 30 days to comment on the
proposed action. The SCHOOL BOARD shall take into account the Local Government's comments
on the proposed school closure or declaring a property as surplus prior to taking formal action.
F. School Siting and Site Planning
1. 'Unless a Local Government has or does enter into a separate Interlocal
Agreement relating to school siting and site planning, the following provisions shall be followed in
f
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school siting and site planning decisions. If a separate Interlocal Agreement that addresses school
siting and site planning is in effect, the provisions of that Agreement shall control and this Section
WE shall not be applicable between those parties.
2. The SCHOOL DISTRICT shall coordinate planning and site location of
educational facilities with each NRJNICIPALITY and the COUNTY in which a school site is
proposed for construction or site acquisition within the SCHOOL DISTRICT's Five-Year Capital
Facilities Plan in accordance with Chapters 1013 and 163 of the Florida Statutes. This process
shall assist in determining possible sites for the proposed schools and the consistency with the
Comprehensive Plan, applicable land development regulations, the necessary existing or planned
infrastructure, and coordination of public facilities such as parks, libraries, and community
centers.
3. Not less than ninety days prior to adoption of the initial Five-Year Capital
Facilities Plan and any amendments or yearly -updates, the SCHOOL DISTRICT shall coordinate
with the COUNTY and each MUNICIPALITY in which a school is proposed for construction or
expansion under the proposed plan to determine the consistency of one or more proposed sites
with the Local Government's comprehensive plan and the availability of necessary or planned
infi,astructure and to coordinate the proposed location with public facilities such as parks, libraries
and community centers. Alternative sites may be proposed by the Local Government for
consideration by the SCHOOL DISTRICT.
4. At least sixty days prior to acquiring or leasing any property that may be
used for a school site, the SCHOOL DISTRICT shall provide written notice of the proposed
acquisition to the Local Government in whose jurisdiction the proposed site is located. This
written notice from the SCHOOL DISTRICT shall include a school site acquisition form, aerial
inap, location map and proposed acquisition and construction completion schedule. As quickly as
possible but no later than 45 days from receipt of this notice, the Local Govermnent shall notify
the SCHOOL DISTRICT if the proposed site is consistent with the land use categories and
policies of the Local Government's, comprehensive plan and zoning district and provide
comments regarding the feasibility of each of the sites submitted by the SCHOOL DISTRICT,
These comments should address the availability of necessary and planned infrastructure and the
collocation of the proposed school facility with other public facilities such as parks, libraries and
corrnnunity centers. The SCHOOL DISTRICT shall include these conunents in their rating
system to determine the best overall site for acquisition.
5. The site plan review process for a new SCHOOL BOARD owned public
educational facility or significant renovation to an existing SCHOOL BOARD owned public
educational facility shall consist of the following:
(a) It is the SCHOOL DISTRICT'S intent to work cooperatively with
Local Governments regarding the construction of educational facilities;
(b) SCHOOL DISTRICT staff shall meet with Local Government
representatives in a collaborative effort to discuss potential or proposed school construction projects
prior to any submittal to the Local Government-
(5 3
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Government-
age
(c) Local Government's, cornments and input will be carefully
considered and incorporated, on the site plan prior to formal submittal;
(d) Staff will discuss projects with the Local Government in an effort
to keep them apprised of the project's particulars and the fact that proposed site and education
facilities shall, at a minimum, meet the State Requirements for Educational Facilities (SREF).
(e) SCHOOL DISTRICT shall submit a written request for review of the
proposed site plan and determination of consistency with the Local Government's comprehensive
plan and applicable land development regulations at least 90 days prior to letting of contract for
construction.
Collaboration and coordination between the Local Government and
the SCHOOL DISTRICT is necessary to ensure that a school is opened on schedule to
accommodate the students;
(g) The maximum review process from the Local Government shall be
tip to and no more than 90 days, and thus an expeditious review shall be implemented;
(h) The Local Government shall not charge an application or plan review
fee for site plan consistency review;
If a written determination as to consistency from the Local
Government has not been received within ninety days after initial submittal, the Local Government
shall have waived its right to comment on the SCHOOL DISTFJCT's site plan;
0) The PARTIES agree that the following criteria shall be applied in
evaluating the site plan:
(1) The Local Governnient shall not condition or deny the site
plan based on adequacy as it relates solely to the needs of the school. if the site location is consistent
: age 1
with the Locai Governinent's land use policies and categories in which public schools are identified
as allowable uses, the Local Government may not deny the application but it inay impose reasonable
development standards and conditions to address applicable Land Development Regulations
(LDRs), environmental concerns, health, safety and welfare, and effects on adjacent property
provided they do not conflict with the State Uniform Building Code or the State Requirements for
Educational Facilities (SREF). For significant renovation to an existing school the development
standards and conditions shall apply only to the expansion. Standards and conditions may not be
imposed which conflict with those established in Chapter 1013 of the Florida Statutes or the Florida
Building Code unless listed in Section I'VR(5)0)(2) and (3) of this Agreement.
(2) The site plan shall provide sufficient space to meet on-site
parking as required by SREF. The SCHOOL DISTRICT and Local Governments will coordinate
design of on-site traffic circulation to satisfy current and projected site generated vehicular demand.
(3) Although SCHOOL DISTRICT schools are exempt fi-om local
landscaping requirements in accord with Florida Statutes 1013.64(5)(a), in order to enhance
territorial integrity, define public and private areas, enhance access control, and mitigate off-site
impacts, the school site perimeter adjacent to public roadways and residentially zoned property will
be landscaped with canopy trees planted at 25 feet on center and ground cover or hedge clustered
at various locations around or between trees at a quantity of 36 inches on center. Perimeter trees
may be clustered if desired by the Local Government, Credit will be given for existing trees on
site that are preserved.
The hedge or groundcover shall be a low maintenance, species,
preferably native or adapted, and with a mature height of 18 inches and shall be. maintained at that
height. Trees shall be of a low maintenance species, preferably native or adapted, and shall be at
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Page 15 of 24
least 10 to 12 feet tall with a 5 foot canopy spread at the time of planting, and shall be allowed to
grow naturally but may be kept clear of low branches. Chain link fencing tip to a height of 8 feet
may be placed on the perimeter of the school property and shall be black or green vinyl coated when
located along public roadway frontages. If desired by Local Government, credits will be given for
existing landscape that is preserved.
(k) Nothing herein shall preclude the SCHOOL DISTRICT and the Local
Government ftom developing alternative development standards based on mutually acceptable
performance criteria that would meet the intent of the provisions listed above.
G. School Capacity Availability Determination
I. Each Local Government shall submit to the SCHOOL DISTRICT at least
30 days prior to its transmittal hearing an executive summary of any Comprehensive Plan
amendment to the Future Land Use Element or rezoning that modifies or adds any residential
designation or increase in residential density along with a copy of the plan amendment or
rezoning and supporting material and the date, time, and place of the transmittal hearing or any
public hearing.
2. The SCHOOL DISTRICT shall review the information submitted and shall
evaluate the impact of the proposed Comprehensive Plan amendment or rezoning on the Public
School Facilities Plan, the consistency of the proposed Plan an or rezoning with the
SCHOOL DISTRICT's Five-Year Capital Facilities Plan, the impact on public schools, and the
projected timing and delivery of public school facilities to serve any residential development
authorized by the Plan Amendment or rezoning.
3. Within 20 days of receipt, the SCHOOL DISTRICT shall submit to the
appropriate Local Governinent a school capacity availability determination setting forth the findings
Page 16 of 24
and recommendations of the SCHOOL DISTRICT, and specifically setting forth the capacity, or lack
thereof, of existing facilities or planned facilities, in the current SCHOOL DISTRICT Capital
Facilities Program Plan to serve additional swdents. Should the proposed amendment or rezoning
negatively impact the public school system, the SCHOOL DISTRICT staff may recommend
reasonable conditions to mitigate such impacts, and these conditions shall be included in the Local
Government staff report or equivalent document to be considered by the Local Government in
reviewing the proposed amendment or rezoning. The Local Government, in its sole discretion, may
incorporate such conditions as it deems appropriate.
V. SPECIAL PROVISIONS
A. SCHOOL DISTRICT Requirements
The PARTIES acknowledge and agree that the SCHOOL BOARD is or may be
subject to the requirements of the Florida and United States Constitutions and other state or
federal statutes regarding the operation of the public school system. Accordingly, the PARTIES
agree that this Agreement is not intended, and will not be construed, to interfere with, hinder, or
obstruct in any manner, the SCHOOL BOARD's constitutional and statutory obligation to provide
a uniform system of free public schools on a county-wide basis or to require the SCHOOL
DISTRICT to confer with or obtain the consent of the COUNTY or the MUNICIPALITIES, as to
whether that obligation has been satisfied. Further, the COUNTY, the MUNICIPALITIES and the
SCHOOL BOARD agree that this Agreement is not intended and will not be construed to impose
any duty or obligation on the COUNTY or MUNICIPALITY for the SCHOOL BOARD's
constitutional or statutory obligation. The COUNTY and the MUNICIPALITIES also
acknowledge that the SCHOOL BOARD's obligations under this Agreement may be superseded
by state or federal court orders or other state or federal legal mandates.
j
Page 17 of 24
B. Land Use Authority
The PARTIES specifically acknowledge that each Local Goverrinient is
responsible for approving or denying comprehensive plan amendments and development orders
within its own jurisdiction. Nothing herein represents or authorizes a transfer of this authority to
any other party.
C. Specific Performance
The COUNTY, the MUNICIPALITIES and the SCHOOL BOARD shall have the
right to petition the Circuit Court for the Fifteenth Judicial Circuit for the State of Florida for specific
performance of any and all of the provisions of this Agreement.
V1. MEDIATION OF DISPUTES
The PARTIES acknowledge that the intergovernmental coordination provisions of Section
163.3177(6)(11), Florida Statutes, may not eliminate all disputes between the PARTIES to this
Agreement and such disputes may affect the SCHOOL BOARD and the land use platuling authority
of the COUNTY and the MUNICIPALITIES. In the case of the negotiation, adoption, and
implementation of any provision of this Interlocal Agreement and amendments thereto, COUNTY,
MUNCIPALITIES, and the SCHOOL BOARD agree that the PARTIES in opposition shall attempt
an informal resolution of the concerns raised. In the event objections cannot be resolved within 20
days or such other tirne as may be mutually agreeable, the PARTIES shall have the light to petition
the Court in accordance with the provision of Article V.C., or submit their disagreement for
mediation with a mediator that tile PARTIES have mutually agreed upon. If the PARTIES, cannot
reach an agreement with regard to a mediator, within 15 days of being notified by either PARIN.
the Executive Corninittee of the Palm Beach County Issues Forum will select a mediator to mediate
the PARTIES' dispute and mediation will commence within 30 days following selection of the
mediator or as soon as the mediator's schedule may reasonably permit, The cost of mediation will
be borne equally by the PARTIES.
If the mediation process is irretrievably deadlocked, as determined by either PARTY, the
PARTIES may seek redress in a court of competent jurisdiction in Palm Beach County. The
PARTIES specifically waive whatever rights they may have to a trial by jury.
V11. ACTS OF GOD AND OTHER EXIGENT CIRCUMSTANCES BEYOND THE
CONTROL OF THE SCHOOL BOARD
The COUNTY and the MUNICIPALITIES acknowledge that the SCHOOL BOARD, in its
operation of the public school system, is subject to events, circumstances, and external forces
and authorities beyond its control. Examples are hurricanes or other natural disasters which
destroy school facilities, other emergency situations affecting the operation of the public school
system, state court judgments concerning the SCHOOL BOARD's State Constitutional or Statutory
obligation to provide a uniform system of free public schools, and school desegregation orders or
compliance agreements involving Federal Courts or the Office of Civil Rights, United States
Department of Education. Such events or actions may prevent the SCHOOL BOARD from
complying with the provisions of this Agreement and may require the SCHOOL BOARD to deviate
from or modify the SCHOOL DISTRICT's Five-Year Capital Facilities Plan agreed to and
approved by the COUNTY, the MUNICIPALITIES and the SCHOOL BOARD. The COUNTY
and the MUNICIPALITIES hereby agree that such noncompliance, deviations, or modifications will
not be deemed a violation of this Agreement and that the provisions of Section V will pertain to those
occurrences, The SCHOOL BOARD, shall give written notice to the COUNTY and the participating
MUNICIPALITIES if an "Act of God" has prevented the SCHOOL BOARD from complying
with its obligation under this Agreement,
VIII. STANDING AND THIRD PARTY BENEFICIARY RIGHTS
The PARTIES hereby acknowledge and agree that it is not the intent of any party to this
Agreement to confer any rights on any persons or entities other than the PARTIES to this Agreement.
No person or entity not a party to this Agreement shall have any claim or cause of action against
either the COUNTY, the MUNICIPALITIES or the SCHOOL BOARD for the failure of any party
to perform in accordance with the provisions of this Agreement except as may be provided by law.
IX. AMENDMENT, WITHDRAWAL AND TERMINATION
A. Amending the Agreement
This Agreement may be amended only by written agreement of the PARTIES.
B. Withdrawal from Agreement
Any PARTY may withdraw from this Agreement by sending written notice to the
other PARTIES to the Agreement and the Florida Department of Economic Opportunity (or its
successor agency) at least sixty days prior to the effective date of the withdrawal,
C. Additional Participants
Any MUNICIPALITY may become a party to this Agreement after its effective
date, upon execution of a Unilateral Participation Agreement in such form as the agreement attached
hereto as Exhibit A.
X. TERM OF THE AGRE EME NT
This Agreement shall be for a term of five years and will automatically be renewed every
five years for additional five-year terms, Any objection by any PARTY to this Agreement or to
its renewal must be sent in writing to the other PARTIES no sooner than ninety days prior to the
end of the term,
XI. INDEMNIFICATION OF PARTIES
A. Hold Harmless
The SCHOOL BOARD agrees to hold harmless and indemnify the other PARTIES
to this Agreement against any third party claim, liability, lawsuit, and damage award arising out of
the performance of this Agreement for any acts, failure to act, or decisions of the SCHOOL BOARD
that are totally within the put-view of the SCHOOL BOARD or are the responsibility of the
SCHOOL BOARD under this Agreement. Acts or decisions of the SCHOOL BOARD include,
but are not limited to, items relating to school attendance boundaries, providing adequate capacity
for new students in the SCHOOL BOARD'S Five- Year Capital Facilities Plan, constructing
and modernizing schools consistent with the adopted SCHOOL BOARD'S Five-Year Capital
Facilities Plan, decisions, on whether to accept or reject mitigation, and decisions on available
capacity in the review process,
B. Third Party Claims
The COUNTY and each individual MUNICIPALITY that is a PARTY to this
Agreement agree to hold harmless and indemnify all other PARTIES to the Agreement against
any third party claim, liability, lawsuit, and damage award arising out of the performance of this
Agreement for any acts, failure to act, or decisions of that PARTY that are totally within the purview
of that patty or are the responsibility of that party under this Agreement. Acts or decisions of the
COUNTY or an individual MUNICIPALITY include, but are not limited to, the denial of an
application for development approval based on school impacts after the SCHOOL DISTRICT
has informed that patty that adequate school capacity exists for the development,
XH. MULTIPLE ORIGINALS
This Agreement may be executed in one or more counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same instrument.
XIII. EFFECTIVE DATE OF AGREEMENT
A. Effective Immediately
Upon this Agreement being signed by all PARTIES, the Agreement shall be filed
with the Clerk of the Circuit Court, This Agreement shall take effect immediately on the date
filed with the Clerk of the Circuit Court and shall continue until terminated,
[Remainder of page intentionally left blank}
--
IN WITNESS 'WHEREOF, the parties hereto have affixed their signatures on the day and
year first above written.
ATTEST:
Sharon R. Bock
Clerk & Comptroller
0
(SEAL)
PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
0
Deputy Clerk Shelley Plana, Mayor
LEGAL SUFFICIENCY
2
County Attorney
g
Bear q Ap roval Date:
94, 715
APPROVED AS TO FORM AND
LEGALSUFFICIENCY
......... .
By:_
.8 chdol Bola-"rd Attorney
THE SCHOOL BOARD OF PALM BEACH
COUNTY, FLORIDA
jo
BY
Chuck Shaw, Chairman
Cf
Py
6,
BY
Robert M. Avossa, Ed.D., Superintendent
Page 24 of 24
ATTEST:
By:
elissa Teal, Village Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Leonard G. Rubin, Village Attorney
VILLAGE OF
NORTH PALM BEACH, FLORIDA
By: &" 0 co
Darryl <g. Aubrey, Mayor
DATE: j//,27/v7-0/7
This Form may be modified from time-to-time and/or posted electronically, if approved by the Interlocal Plan Amendment Review Committee (I.P.A,R.C) or its successor
ANNIam
Form 2: Summary of Approved Development Orders
Name of Local Government
Contact Person
This Form maybe modified from time-to-time and/or posted electronically, if approved by the Interlocal Plan -Amendmont Review Committee (I.P.A.R.C) or its successor